Court orders police unit, crime lab to answer cop’s petition

Regional Trial Court Judge James Stewart Himalaluan has directed the Cebu City Internal Affairs Service and the Regional Crime Laboratory Office 7 to answer the civil suit filed by a policeman over his drug test result.

Himalaloan, of the RTC Branch 7, ordered the respondents to answer the certiorari petition filed by the police officer.

The judge directed the respondents to answer the petitioner’s pleading for a temporary restraining order.

In his petition, the officer, who is detailed at the Regional Police Holding and Administrative Unit, said he underwent a drug test as one of the requirements for his application to the position of police officer 2 last July 25, 2017.

On July 29, 2017, the police’s crime lab issued a chemistry report stating that the officer’s urine tested positive of illegal drugs.

Surprised, the petitioner requested that the same test be conducted by a private lab clinic.

But the petitioner was told that such test to contest the drug test result could only be done in Manila.

Last Aug. 7, 2017, the officer said that an official of the Cebu City Internal Affairs Service, issued a notice of complaint against the petitioner for grave misconduct.

The petitioner argued the respondents abused their discretion when they when they filed the grave misconduct against him.

The petitioner said the respondents did not follow the procedures and acted without basis when they initiated the complaint against him.

The officer asked the court to issue a restraining order to stop the respondents from taking further action on the complaint./